(b) Fire, unless caused by the actual fault or privity of the carrier;

(c) Perils, dangers, and accidents of the sea or other navigable waters;

(d) Act of God;

(e) Act of war;

(f) Act of public enemies;

(g) Arrest or restraint of princes, rulers, or people, or seizure under legal process; (h) Quarantine restriction;

(i) Act or omission of the shipper or owner of the goods, his agent or repre

sentative;

(j) Strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general;

(k) Riots and civil commotions;

(1) Saving or attempting to save life or property at sea;

(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods;

(n) Insufficiency of packing;

(0) Insufficiency or inadequacy of marks;

(p) Latent defects not discoverable by due diligence;

(q) Any other cause arising without the actual fault or privity of the carrier and without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

(3) The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault, or neglect of the shipper, his agents, or his servants.

(4) Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or breach of this act or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom: Provided, however, That if the deviation is for the purpose of securing or delivering cargo or passengers it shall, prima facie, be regarded as unreasonable.

(5) Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package, or in case of goods not shipped in packages, per customary freight unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. This declaration, if embodied in the bill of lading, shall be prima facie evidence, but shall not be conclusive on the carrier.

By agreement between the carrier, master, or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed: Provided, That such maximum shall not be less than the figure above named. In no event shall the carrier be liable for more than the amount of damage actually sustained.

Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with the transportation of the goods if the nature or value thereof has been knowingly and fraudulently misstated by the shipper in the bill of lading.

(6) Goods of an inflammable, explosive, or dangerous nature to the shipment whereof the carrier, master, or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

SURRENDER OF RIGHTS AND IMMUNITIES AND INCREASE OF RESPONSIBILITIES AND LIABILITIES

SEC. 5. A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under this act, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.

The provisions of this act shall not be applicable to charter parties; but if bills of lading are issued in the case of a ship under a charter party, they shall comply with the terms of this act. Nothing in this act shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

SPECIAL CONDITIONS

SEC. 6. Notwithstanding the provisions of the preceding sections, a carrier, master or agent of the carrier, and a shipper shall, in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness (so far as the stipluation regarding seaworthiness is not contrary to public policy), or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care, and discharge of the goods carried by sea: Provided, That in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a nonnegotiable document and shall be marked as such.

Any agreement so entered into shall have full legal effect: Provided, That this section shall not apply to ordinary commercial shipments made in the ordinary course of trade but only to other shipments where the character or condition of the property to be carried or the circumstances, terms, and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

SEC. 7. Nothing contained in this act shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation, or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea.

SEC. 8. The provisions of this act shall not affect the rights and obligations of the carrier under the provisions of the shipping act, 1916, or under the provisions of sections 4281 to 4289, inclusive, of the Revised Statutes of the United States, or of any amendments thereto; or under the provisions of any other enactment for the time being in force relating to the limitation of the liability of the owners of seagoing vessels.

SEC. 9. The monetary units mentioned in this act are to be taken to be gold value.

TITLE II

SEC. 10. Nothing contained in this act shall be construed as permitting a com mon carrier by water to discriminate between competing shippers similarly placed in time and circumstances, either (a) with respect to their right to demand and receive bills of lading subject to the provisions of this act; or (b) when issuing such bills of lading, either in the surrender of any of the carrier's rights and immunities or in the increase of any of the carrier's responsibilities and liabilities pursuant to section 5, Title I, of this act; or (c) in any other way prohibited by the shipping act, 1916, as amended.

SEC. 11. Section 25 of the interstate commerce act is hereby amended by adding the following proviso at the end of paragraph 4 thereof:

"Provided, however, That in so far as any bill of lading authorized hereunder relates to the carriage of goods by sea, such bill of lading shall be subject to the provisions of the 'carriage of goods by sea act.'"

SEC. 12. Where under the customs of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper, and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in this act, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

SEC. 13. Nothing in this act shall be construed as superseding any part of the act entitled "An act relating to navigation of vessels, bills of lading, and to certain obligations, duties, and rights in connection with the carriage of property," approved February 13, 1893, or of any other law which would be applicable in the absence of this act, in so far as they relate to the duties, responsibilities, and liabilities of the ship or carrier prior to the time when the goods are loaded on or after the time they are discharged from the ship.

SEC. 14. This act shall apply to all contracts for carriage of goods by sea to or from ports of the United States in foreign trade. As used in this act the term "United States" includes its island possessions and Alaska: Provided, however, That the Philippine Legislature may by law exclude its application to transportation to or from ports of the Philippine Islands. The term "foreign trade" means the transportation of goods between the ports of the United States and ports of foreign countries. Nothing in this act shall be held to apply to contracts for carriage of goods by sea between any port of the United States or its possessions, and any other port of the United States or its possessions: Provided, however, That any bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea between such ports, containing an express statement that it shall be subject to the provisions of this act, shall be subject hereto as fully as if subject hereto by the express provisions of this act: Provided further, That every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea from ports of the United States, in foreign trade, shall contain a statement that it shall have effect subject to the provisions of this act.

SEC. 15. Upon the certification of the United States Shipping Board and of the Secretary of Commerce that the foreign commerce of the United States in its competition with that of foreign nations is prejudiced by the provisions, or any of them, if Title I of this act, the President of the United States may, from time to time, by proclamation, suspend any or all provisions of Title I of this act for such periods of time or indefinitely as may be designated in the proclamation. The President may at any time rescind such suspension of Title I hereof, and any provisions thereof which may have been suspended shall thereby be reinstated and again apply to contracts thereafter made for the carriage of goods by sea. Any proclamation of suspension or rescission of any such suspension shall take effect on a date named therein, which date shall be not less than ten days from the issue of the proclamation.

Any contract for the carriage of goods by sea, subject to the provisions of this act, effective during any period when Title I hereof, or any part thereof, is suspended, shall be subject to all provisions of law now or hereafter applicable to that part of Title I which may have thus been suspended.

SEC. 16. This act shall take effect ninety days after the date of its approval; but nothing in this act shall apply during a period not to exceed one year following its approval to any contract for the carriage of goods by sea, made before the date on which this act is approved; nor to any bill of lading or similar document of title issued, whether before or after such date of approval, in pursuance of any such contract as afroesaid.

SEC. 17. This act may be cited as the "carriage of goods by sea act."

We generally designate it as the uniform bill of lading measure. Some of the older members of the committee will recall that some two or three years ago, or it may have been longer ago than that

Mr. BLAND. 1925, and then there was another hearing, but I do not know whether it was earlier or later.

The CHAIRMAN. Anyway, rather extensive hearings were held on a bill very similar to this. Invitations have been sent to the Shipping Board to be present and to give us their views. In accordance with the practice of the committee, no invitations were sent to others, but notice was given through the press of the hearings. I think it would be advisable at this time to ascertain who there is who desires to be heard, either for the bill or in opposition to the bill. Now, may I get an indication at this time as to who is present, or who is likely to be present to speak in behalf of the bill.

Mr. HAIGHT. As the chairman of the bill of lading committee of the International Chamber of Commerce, I would like to say only a few words on behalf of the bill, not much detail, but just to bring the situation up to date in reference to what has been done in other countries.

The CHAIRMAN. And your name is?

Mr. HAIGHT. Charles S. Haight.

The CHAIRMAN. Now is there anyone else who desires to be heard in support of the measure?

Mr. DRAPER. I do, Mr. Chairman.

The CHAIRMAN. Will you give your name?

Mr. DRAPER. Norman Draper, of the Institute of American Meat Packers. I desire to appear in support of the bill with certain amendments that have been agreed upon between the representatives of the steamship companies and the International Chamber of Commerce and the shippers as represented by me.

Mr. BLAND. You were the people who were opposing it before, were you not?

Mr. DRAPER. Yes, sir; and we have agreed with these people that certain things ought to be done to protect their interests and our interests.

Mr. ABERNETHY. Mr. Chairman, before we go into this matter, I want to reserve the right, if it becomes apparent, to cross-examine these people. We have in my State large tobacco interests and cottonmilling interests that do a lot of shipping by sea. I was not a member of this committee when we had these hearings before, but I want to serve notice on these gentlemen who are favoring it that this legislation, according to my notion, is very drastic and very much against the shippers, as I read it. Now, as I say, there are large tobacco interests in my country and cotton milling interests. I do not know just how they feel about it and I would like to have the privilege, if it becomes necessary, to get in touch with those folks and find out just how they think it will affect them. They ship millions and millions of dollars worth of goods by sea.

The CHAIRMAN. Of course, we would not want to cut off anyone who felt themselves affected by this legislation and I would suggest, Mr. Abernethy, that you notify these parties of the pendency of the hearings and suggest to them that they get here at the earliest possible moment.

Mr. ABERNETHY. I am not sure they are going to oppose it; but if the Chamber of Commerce is active for this, before we go into this matter, I want to call particular attention to section 2 under rights and immunities.

The CHAIRMAN. Can not we finish the cataloguing of the witnesses first?

Mr. ABERNETHY. That is all right. The only reason I am speaking now is that if it is scheduled to go through rapidly, you know, I just wanted to scotch as we went along and, of course, I am not going to try unduly to delay the hearings, but I thought I would serve notice on these people who are favoring the bill that they might as well deal with the cotton people and the tobacco folks if they expect me to go along with the matter. They may already have something from them. You see, I have not heard a thing at all from them, but I do know, take the State of North Carolina, for instance, that the textile industry and the great manufacturing industry, it may be they have come in with the meat packers and say it is all right with these amendments. I do not know.

The CHAIRMAN. It has been a matter of a good deal of interest to me that so few business interests indicated their attitude towards this legislation, either affirmatively or in opposition. I have heard from a good many chambers of commerce and organizations of that

sort.

Mr. ABERNETHY. Mr. Chairman, for the benefit of the record, you see the men on the chambers of commerce, you take our good friends and I am not criticizing them, the United States Chamber of Commerce-they become convinced that certain legislation ought to pass; then they send down their views to the local chambers of commerce and oftentimes the large shippers do not get just what it is all about. But I see some things in this bill which, to my mind, are very radical departures, and I am not saying I am opposing it and I assure you I am not going to delay the matter unduly, anyhow. The CHAIRMAN. I suggest, then, that you notify these interests in North Carolina that the bill is before the committee for hearings and that they will have their day in court if they move with promptness. Mr. ABERNETHY. Thank you, sir.

The CHAIRMAN. Now, who else desires to be heard in support of the measure?

Mr. BEEK. I do not know, Mr. Chairman, right now whether I am opposed. I represent the National Industrial Traffic League. My name is Beek; J. H. Beek. We have been before this committee on the previous hearings and we have been opposed, very much opposed, to some provisions of this bill. We almost got together, however, on H. R. 13339, the so-called Edmonds bill, which I think this committee recommended favorably, but it never got any further. Now, during the past year, we have, after a good many conferences and negotiations with Mr. Haight, who is one of the proponents of this bill-while we have not gotten tgoether entirely, we have ironed out some of the most serious objections, at least, and we are in a position now where we can support this bill. But I would like to reserve the right to hear it discussed, to hear what the Shipping Board has to say, and then I will determine my position-except to say this, that we are more nearly together than we have ever been before.

The CHAIRMAN. Then you will be recorded as a witness and whether you are for it or against it will develop later.

Mr. DAVIS. I desire to ask the gentlemen a question or two. Now will you tell us something about the organization you represent. Is it an organization of shippers?

Mr. BEEK. It is an organization of shippers entirely. No one representing any railroad interests, or any other commercial interests that does not receive and ship freight would be eligible for membership. It is distinctly a shippers' organization with memberships from one end of the country to the other, from New York to San Francisco, Duluth to New Orleans.

Mr. DAVIS. And you are naturally interested in this bill from the point of view of the protection or looking to the protection, as you view it, of the shippers?

Mr. BEEK. Absolutely. It is the shippers interests that we hope we represent, that we try to represent.

Mr. DAVIS. Do you expect to remain here at the hearings so that you could point out the particular provisions as to which you are not in full accord?

Mr. BEEK. Yes. I shall remain for the hearings unless they are strung out very unduly, which I apprehend they will not be. But either way, I will be here.

Mr. ABERNETHY. Hold on; I do not know whether they will, or not, because I have some very well-defined views on it. I want to